BPA code of practice & POFA

Rks2022

Hi all ,

Can someone confirm if the following points are still valid please before One appeals to POPLA

Schedule 4 of the POFA section 8 and 9 outlines the mandatory requirements that must be included on the Notice To Keeper. If any of the information is missing, the Notice To Driver becomes invalid, and Schedule 4 of the POFA section 6 has not been complied with. Failure to adhere to Schedule 4 of the POFA section 6 means the registered keeper can’t be held liable to the debt of the driver. The requirements that should be on the Notice To Keeper are:

• Which car the PCN relates to;
• What land the vehicle was parked on;
• The period of time the vehicle was parked for

Is the 3rd point - the period of time the vehicle was parked for still apply ? as no details of such to NTK.

BPA code of practice states :

Grace periods 13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract

Is the above still valid ?

Finally wish to include signage being poor and requiring one to have to read , see images please :

    (Poor signage to entry to shared parking in road, one can only see properly if driving out or on foot.)

 One needs to get out of car and walk right up to read them. Sorry will not allow me to add links to imgur

Thanks

Rks2022

I have to post images for above

Rks2022

the above shows a sign post angled , not visible as your driving past unless at crawling speed , another image shows the small lettering on signs on wall , one would need to park and walk right  up to signage to be able to read .

Le_Kirk

If you read the NEWBIE sticky, using the link in the announcement on first page of the forum you can find another link to POFA where you can check your NTK and see if it is compliant: -

**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!

Which parking company?  I am sure we'll have come across them before and can advise if they are known for using POFA compliant NTKs or not.

Rks2022

Hi its Geminin, i did read section under newbies, and came across the NTK section 4 bit, mentions part where actual time period car was parked but im not sure this applies to where no ticket purchase us necessary? Notices were not viewable from within car, and one needed to get within a metre to read.
Management of private premises took photos seems like as there are no cameras in front of vehicle, but as stated i read part in BPA as quoted that a grace period should apply? 

Umkomaas

Whilst I can't make out the actual wording on the sign showing above, it looks to be a Gemini 'No Parking Allowed'/'Authorised Parking Only'/'Permit Holders Only' type of sign, rather than a P&D one. 

Are you able to provide/acquire a clearer photo?  Signage can be all important to shaking this off. 

Coupon-mad

Are all those bays meant to be disabled bays?  Was yours a windscreen PCN for parking in a disabled bay?

That sign on a pole is a Local Authority sign (odd) but the bays are not marked at all, to alert a driver that they are accessible bays only.  How would you know?

Rks2022

Hi , no not a disabled parking bay see attached photos , also not a pay and display,customers only parking.see better photo of sign taken close up.
PCN was via post, on Gemini web i can see someone had taken photos as there are no cameras in front of the vehicle .

Rks2022

the road sign as you enter , is at corner was not seen.

Umkomaas

A look at a redacted copy of the Notice to Keeper - both sides, with any dates left showing will allow us to give you a definitive answer on whether or not is PoFA compliant. Period of parking/grace period can be open to interpretation by a POPLA assessor, and can't be wholly relied on - there are more fundamental PoFA compliant NtK checkpoints to look at first. 

Rks2022

Please see images , inc reply from Gemini: